Monday 20 April 2015

Sue Your Debt Collector to Get Damages for FDCPA Violations

It is no more a secret that the consumers seem to be defaulting on credit card accounts in record numbers. It is also a known fact that dishonest debt collectors often adopt abusive means to collect that debt by all possible means. Indeed debt collection is a profitable industry and aggressive strategies are often used to accomplish that task of debt collection. Luckily, there is one particular law called Fair Debt Collection Practices Act that offers necessary protection to the customers who seem to be irritated in handling debt collector. In fact, FDCPA is considered to be a powerful statute that offers you necessary protection to deal with unpleasant collector.

According to FDCPA, a debt collector is prohibited from engaging or even threatening a person to adopt illegal actions while attempting to collect debt at any point of time. Illegal actions include pestering, calling relatives or even neighbors as well as talking about debt with all of them, informing the employer, frightening about wage garnishment and so on.

At any point of time, if your debt collector violates FDCPA and if you wish to sue him then you must take help of a proficient FDCPA attorney. He will offer all sorts of assistance and guide you in every possible way. Here are a few types of damages that you are able to recover when you sue the debt collector on the court.



Monetary Damages

Damages for Physical Distress

Few debtors actually suffer from physical damage due to multiple issues associated with debt collection. Problems include calls or letters of debt collectors, cardiac problems due to stress, migraine problems, and skin diseases and so on. Such health problems should be first checked by proficient doctor and then you should contact your FDCPA attorney who can take note of all these health issues. If these health issues can be connected to FDCPA violation, then you are able to recover total cost of treatment as well as other kind of damages against debt collector.

Damages for Mental Stress

Persistent telephone calls as well as letters of debt collectors cause tremendous stress and can even affect your mental health. Even you may face problems both in your personal as well as professional lives. If your debt collector calls your colleagues or even your family members then it would lead to intrusion of private life. If such thing occurs, it is important that you should discuss about the issue with your attorney. Your debt collector can even be held responsible for this type of distress.
 
Recovery of wages

You may even face problem at your workplace if your debt collector calls up frequently and disrupts your productivity and that of your colleagues. If your debt collector violates FDCPA by calling your employer, then you can ask for compensation to recover the lost wages.
 
Recovery of Wage Garnishment

If you are a victim of paycheck garnishment and if this incident leads to FDCPA violation, you are eligible to recover the fund.

In addition, statutory damage of one thousand dollars and recovery of attorney fee are the two types of vital monetary damages that are entitled for the debtors under FDCPA.

Injunctive Remedies

Besides monetary damages, the court can also cease certain activities of debt collection. Activities include preventing debt collector to call or send letters and so on. This type of remedy is called injunctive remedies.

In addition, third parties such as debtor’s family members, neighbors or anyone who is affected due to persistent calls or letters of debt collector have the privilege to sue the debt collector under FDCPA.


Are you looking for an experienced debt defense attorney? Contact Karni Law firm, P. C and proficient attorney Dana Karni who is expert in offering legal consultation that are related to auto fraud, credit card fraud defense and so on. For details you can visit the official website texasconsumerdebt.com.

No comments:

Post a Comment